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I am a Tenant renting property from a Landlord in

Hi I am a...

Hi I am a Tenant renting property from a Landlord in California. When I found this house originally I noticed it was for sale , I told the Landlord that I did not feel comfortable signing a lease if property was for sale because I don't want people in and out of my home. After signing the lease they did not take house off market and with in 4 months 3 different buyers have come thru my home along with realtors and inspectors. Can I sue and asked to be let out of my lease ?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Its in my question , But California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

1 yr lease

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it

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Answered in 1 minute by:
4/10/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,266
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Please review question

I'm sorry to hear about your situation. The answer to your question is yes. The reason is because this appears to be a violation of the implied covenant (promise) of quiet enjoyment. All residential leases and rental agreements contain an implied covenant of quiet enjoyment. Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. In your case, a landlord is generally allowed to have agents and contractors come through the property, but they're required to give you at least 24 hours notice that this is happening and it must be "reasonable" in terms of their entering the premises.

The warranty does not protect the tenant from the acts of third parties over whom the landlord has no control. However, if the landlord does have control over the situation, but chooses to do nothing, then it is a violation. To help facilitate the situation, you may want to consider just writing a letter detailing the problems and demand that they rectify this situation or you will move off the property and not pay any rent thereafter as allowed by law. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me regarding this?

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Customer reply replied 4 months ago
That's Thank you
Customer reply replied 4 months ago
That's It Thank you

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Legal Eagle
Legal Eagle, Lawyer
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